News & Insights

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Insights, News

Untaken leave is lost if the worker does not comply with the employer’s invitation to take it (Norme & Tributi Plus Diritto of Il Sole 24 Ore, 7 September 2022 – Alberto De Luca, Luca Cairoli)

In the Court's interpretation, the right to an allowance in lieu of untaken leave, at the end of theemployment relationship, is intrinsically linked to the right to paid…

Insights, News

A dismissal is legitimate even if it does not punish similar conduct committed by colleagues (Norme & Tributi Plus Diritto of Il Sole 24 Ore, 29 August 2022 – Enrico De Luca, Raffaele Di Vuolo)

The court may recognise different solutions for identical cases To exclude the proportionality of dismissal, it is not enough to argue that similar conduct committed by other employees…

Insights, News

Transparency Decree, new employer obligations (Modulo24 Contenzioso del Lavoro – Form24 Labour Litigation – Il Sole 24 Ore, 4 August 2022, Vittorio De Luca, Marco Giangrande)

Legislative Decree no. 104 of 27 June 2022, implementing EU Directive no. 2019/1152 on transparent and predictable working conditions was published in the Official Gazette With the publication…

Insights, News

Legitimacy of dismissal and burden of proof on the employee, if a colleague was not dismissed for the same conduct (Modulo24 Contenzioso del Lavoro (Form24 Labour Litigation) of Il Sole 24 Ore, 4 August 2022, Vittorio De Luca, Marco Giangrande)

The Court of Cassation ruled on an employee’s appeal challenging his disciplinary dismissal for a traffic accident while driving a company vehicle, claiming unequal treatment with colleagues who…

Insights, News

Transparency Decree changes “exclusivity clause” (Il Sole 24 Ore and Il Quotidiano del Lavoro of Il Sole 24 Ore, 1 August 2022 – Vittorio De Luca, Claudia Cerbone)

Chapter III of Legislative Decree 104/2022, implementing the European Transparency Directive 2019/1152, published in the “Official Gazette” 176 of 29 July and in force since 13 August, identified…

Insights, News

Transparency and contracts, rules to avoid litigation (Il Sole 24 Ore and Il Quotidiano del Lavoro of Il Sole 24 Ore, 25 July 2022 – Vittorio De Luca, Claudia Cerbone)

More comprehensive information. Reference to collective agreements is insufficient The legislative decree implementing the European Transparency Directive (no. 2019/1152), which must be transposed by 1 August, guarantees workers…

Insights, News

CJEU ruled on the social security legislation applicable to airline staff (Norme e Tributi Plus Diritto of Il Sole 24 Ore, 15 July 2022 – Vittorio De Luca, Marco Giangrande)

The Court of Justice of the European Union (hereafter: "Court of Justice"), in its 19 May 2022 ruling Case C-33/21, stated that personnel of an airline company established…

Insights, News

The principal cannot ignore contractor’s employees safety obligations (Guida al Lavoro of Il Sole 24 Ore, 15 July – Alberto De Luca, Raffaele DI Vuolo)

Art. 2087 requires employers to take measures to prevent situations harmful to the worker's physical health and personality based on experience, technology, and type of work. This “open”…

Insights, News

The Transparency Directive applies to business relationships (Il Quotidiano del Lavoro of Il Sole 24 Ore, 11 July 2022 – Vittorio De Luca, Alessandra Zilla)

The new reporting obligations for workers that will come into force with the Transparency Directive (2019/1152) will apply to business relationships with a predominantly personal service, long-term consultancies,…

Insights, News

Work during leave for serious family reasons: lawful dismissal for justified subjective reason (Modulo24 Contenzioso del Lavoro de Il Sole 24 Ore, 4 luglio 2022 – Enrico De Luca, Roberta Padula)

In ruling no. 19321, published on 15 June 2022, the Court of Cassation considered the dismissal for justified subjective reason for an employee who worked during leave for…

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